2.1 The purchase order that is (signed and) placed by the purchaser is a binding offer. We can accept this offer within two weeks by sending a confirmation of order or by sending the ordered goods within this period. An acceptance with extensions, restrictions or other amendments is deemed to be a rejection in connection with a new request to the purchaser.
2.2 If we accept the purchase order with extensions, restrictions or other amendments, or if our confirmation of order is not in conformity with the order, the purchaser must accept it in writing within one week.
2.3 Offers made by us upon the request of the customer can only be accepted by the purchaser within two weeks as of the date of the offer.
3. Prices and calculations
3.2 Changes in prices are only allowed if there are more than 4 months between the conclusion of the contract and the stipulated date of delivery; then, the price of the seller applicable on the date of delivery applies. In cases of delivery within 4 months, the price applicable on the day of conclusion of the agreement applies in every case.
3.3 We reserve the right to accept orders only upon payment of a minimum invoice value of 3.000 Euro. The minimum order value of each order position is 1.500 Euro.
4.2 The commencement of the delivery time specified by us requires the timely and proper compliance with the purchaser’s obligations. The objection of non-fulfilment of contract is reserved.
4.4 We are entitled to make partial deliveries. In cases of a mere partial delivery, the customer is not in default with their payment obligation or liable for damages in the case of the non-acceptance of the partial delivery if the customer has no particular interest in the partial delivery.
6.4 The purchaser may only offset against counterclaims if such counterclaims result from a claim which entitles the refusal of performance, in particular the costs of the removal of defects or if these are uncontested.
7. Industrialproperty rights
8.9 We undertake to release securities to which we are entitled upon the request of the purchaser if their values exceed the claims to be secured by more than 20 %.
9.7 Claims for defects become time-barred 12 months after the delivery of the goods supplied by us to the purchaser. The statutory period of limitation applies to claims for damages in cases of intentional and gross negligence or injury to life, body or health that are based on an intentional or negligent violation of the obligations of the user. If longer periods are prescribed by law according to Section 438, para. 1, no. 2 BGB [Bürgerliches Gesetzbuch = German Civil Code] (buildings and components for buildings), Section 479, para. 1 BGB (recourse claim) and Section 634a, para. 1 BGB (construction defects), such periods will apply.
9.8 There are no claims for defects in cases of minor deviations from the stipulated quality, minor impairments of the usability, natural wear or tear, and damages which arise upon the transfer of risk due to incorrect or negligent treatment, excessive use, unsuitable operating materials, defective construction work, unsuitable construction ground or due to particular external influences which are not required under the contract.
10. Liability for damages